ABSOLUTE POWER GRANTED

Southland Times, Issue 23921, 13 September 1939, Page 8

ABSOLUTE POWER GRANTED

Government Control i Of National Life

EMERGENCY MEASURE IN N.Z. WIDE REGULATIONS MAY BE MADE (From Our Parliamentary Reporter) WELLINGTON, September 12. Wide and absolute power of control over almost all phases of national activity are vested in the Government by the Emergency Regulations Bill which was introduced by Governor-General’s Message and read a first time in the House of Representatives tonight. The Bill also validates the regulations promulgated during the past 10 days under the Public Safety Conservation Act 1932.

Power is given to make regulations in the interests of public safety, the defence of New Zealand, the maintenance of public order, for maintaining essential supplies and services and for the safeguarding and promoting of the welfare of the community. Regulations may also be made for any of the following purposes: (1) Providing for the apprehension, trial and punishment of persons offending against the regulations and for the detention of persons where it appears to be expedient in the interests of public safety or the defence of New Zealand. (2) Authorizing the taking of possession or control or acquisition on any property and entering and search of any premises. (3) Providing for the modification or suspension of the operation of any enactment. (4) Prescribing matters in respect of which fees are to be payable under the emergency regulations, the amount of the- fees and the persons liable to pay them, as well as authorizing the refund or remission of any fees payable. ENEMY TRADF (5) Making such provisions as may be deemed necessary for the suppression, restriction or control of enemy trade and making any provisions considered necessary to deal with enemy property. (6) Providing for the control of prices and for the prevention of pro-. Steering,, as well as promoting the development of standardization, simplification and certification in relation to commodities, processes and practices. (7) Providing for the protection of debtors and for the regulation and restriction of legal proceedings, powers and remedies. (8) Creating corporate bodies and prescribing their powers and functions. (9) Establishing courts and tribunals and conferring jurisdiction on any court or tribunal whether established under the regulations or otherwise. The emergency regulations will have extra-territorial operation. They will apply to all ships and aircraft in or over New Zealand and to all ships and aircraft registered in New Zealand wherever they may be. They will also apply to all persons in the Dominion as well as persons on board New Zealand ship- or. aircraft and to persons employed outside New Zealand on New Zealand ships or aircraft.

Protection is provided for persons acting under the authority of the Bill or any regulations made under its power. Breaches of the regulations will be punishable on summary conviction by imprisonment for 12 months, a fine of £lOO or both.

POWERS OF COURTS The courts are given power to admit any evidence they think fit irrespective of whether it would be admissible in other proceedings. The release from custody of any person convicted pending the hearing of an appeal is prohibited except with the consent of the Attorney-General. “It is a question of giving power and then holding the government that has use of that power responsible, said the acting Prime Minister (the Hon. P. Fraser) in giving a brief explanation of the Bill. “The Bill is a very important one in the present crisis and a very far-reaching measure,” Mr Fraser said. “In effect it is as far-reaching as the regulations already passed under the Public Safety Conservation Act and the main reason for having this legislation introduced is that the Public Safety Conservation Act, while very useful in a sudden emergency, is not so well suited to regulate for a period of war.” Mr Fraser said that the Public Safety Conservation Act was passed in 1932 to deal with internal matters and to preserve good government. There was a clause in it providing that any proclamation of emergency made under the Act should not remain in force for more than a month, and this would mean the continual issuing of proclamations if the war continued and if the regulations were to continue in force. Therefore, although the earlier measure was quite convenient for the emergency situation, ft had been decided to do as had been done in other units of the British Commonwealth and introduce the Emergency Regulations Bill.

ADAPTATION FROM BRITAIN The Rt. Hon. J. G. Coates (Nat., Kaipara): Will it follow closely the 1914 Bill? Mr Fraser: Not in all respects. It is framed to a very large extent upon the British Bill. Members will see that there are very far-reaching clauses. They give very complete and absolute power to the Government in office and necessarily and unavoidably so. “The measure of the Government’s sense of responsibility will be the use it makes of these regulations,” Mr Fraser added. “It is unavoidable that whatever Government is in office it has these very extensive powers controlling almost all of our activities.” ' Mr Fraser said that no sensible person would put into operation regulations excessively controlling the people if

they were not required. “I hope that the yoke will be easy and the burden light,” Mr Fraser added. “They are not going to be used unduly.” Mr W. J. Polson (Nat., Stratford): Is there anything taking over enterprises. Mr Fraser: Yes, there is a clause which authorises the acquisition of any property and another empowering the search of any premises. “If they were used in reckless fashion they would do harm,” he added. “It is a matter of giving power and then holding the Government that has the use of that power responsible. That is all I can say.”